1. Dividing Employee and Employer Contributions
One of the most common decisions in a QDRO is whether to split only the employee’s contributions or to include the employer’s match as well. The Seavin, Inc.. 401(k) Plan may include both types of contributions. Here’s what matters:
- Employee contributions are always 100% vested, so they can be divided in full.
- Employer contributions may be subject to a vesting schedule—meaning only a portion may be available for division.
If not fully vested at the time of divorce, some employer contributions may be forfeited. We’ll help you identify the marital portion that is actually eligible for division based on the plan’s vesting schedule.

